Litigation Radio

Let’s talk about international arbitration, an indispensable tool for resolving cross-border conflicts. But first, forget everything you think you know about civil procedure, because home court rules might not apply.In this episode, Dave welcomes guest Aurore Nicaud, an associate with Greenberg Traurig and an international arbitration attorney. Listen in as they discuss how this fascinating field differs from standard U.S. civil practice. Discovery is more limited. There are no depositions. Direct examinations are virtually nonexistent. And when the case is over? Winning is one thing, but enforcement across borders is another, and it depends on which countries are signatories to the New York Convention. When you mix competing legal systems, contracts, and languages, things can get complicated in a hurry. Up for the challenge?Mentioned in this Episode:American Bar AssociationAmerican Bar Association Litigation Section

Let’s talk about the elephant in the courts: judicial ethics. Recent events in the U.S. Supreme Court have refocused the legal profession’s understanding of ethical, unbiased, and fair behavior in our nation’s courts. Guests in this episode include Charles Geyh, a law professor who studies and writes about judicial ethics, and the honorable Pamela Gates, an Arizona judge actively involved in reviewing ethics policies and the public perception of judicial behavior. Bias is all around us. We’re human. So are judges. External influences can interact with our own, internal biases, potentially creating conflict. When should judges disqualify themselves for a case where there may be a conflict or the appearance of a conflict? Campaign donations and lobbying in an increasingly politicized judicial environment are creating new questions. Hear potential solutions being developed today to ensure there truly is justice for all. Honesty, both with ourselves and with others, clear communication, and an intentional review of the issues and cases before us can help ensure public confidence in our judicial system. Protecting the integrity of the judicial branch isn’t easy, but it’s critical to the sustainability of the American court system. Plus, a quick tip from attorney Marty Truss at the firm Steptoe & Johnson. Truss penned the article “Eating The Elephant: Tips For Navigating Project Induced Anxiety And Intimidation.”Mentioned in this Episode:“Eating The Elephant: Tips For Navigating Project Induced Anxiety And Intimidation,” By Marty Truss“Alito Caught In Crosshairs Of Latest Supreme Court Scandal”“Impartial Enough For Government Work”American Bar AssociationAmerican Bar Association Litigation Section

The locations of airports, polluting factories and incinerators, and other environmental hazards in disadvantaged or predominantly minority communities isn’t an accident, and it’s not fair. In a changing world and climate, ensuring transparency, fairness, clean water and air, and a safe environment for all is more important than ever. In this episode, guest Abre’ Conner, Director of the NAACP’s Center for Environmental and Climate Justice, discusses the fight for fairness and the right for all to live in a safe and clean environment. No matter where you are on your career path, learn how you can get involved in the emerging field of environmental justice, which ranges from constitutional and civil rights to voting laws, transparent governance, and environmental regulation and protections. The sector is so broad that there is no one “right path,” only the will to do good and protect the planet and the people who live on it.Mentioned in this Episode:United Church of Christ (UCC), “Toxic Waste and Race at Twenty”U.S. Environmental Protection Agency Clean Water ActNAACP report, “Jackson Water Crisis”Sackett v. EPA, Supreme Court of the United StatesU.S. Department of Health and Human Services, “Title VI of the Civil Rights Act”Abre’ Conner testimony before the Congressional Committee on Homeland Security, Sept. 21, 2022, transcriptThe White House, Council on Environmental Quality American Bar Association Environmental, Social Justice, and Sustainability CommitteeAmerican Bar AssociationAmerican Bar Association Litigation Section

Burnout: It’s real and it can affect all of us. In this episode, Dave invites a panel of experts to tackle this important and potentially damaging syndrome as it affects attorneys who volunteer their time in a pro bono setting. The demands never seem to end, but volunteering is meant to “fill your cup,” not overflow it.  A Bloomberg survey found burnout is a major problem, and it’s getting worse among attorneys. For the first time the survey found reports of attorney burnout exceeded 50%. Reports of wellbeing and job satisfaction are in decline too. But it’s not just in corporate practice, burnout affects those who want to volunteer. With so much need it’s easy to forget you’re only one person, and you can’t do it all. How can we get involved in pro bono work without burning out? It can start with being aware of the syndrome, adjusting our workflow to the right level, adopting “virtual” programs to balance time, sharing the load, and focusing on areas of passion. Learn to recognize the signs of burnout in the pro bono space and how you can help yourself, and others, deal with stress and feeling overwhelmed. And for all who volunteer their services to help others: Thank you.Mentioned in this Episode:Bloomberg Law, “How to Rethink and Encourage Attorney Well-Being in Firms”World Health Organization, “Burn-out an occupational phenomenon: International Classification of Diseases”American Bar AssociationAmerican Bar Association Litigation SectionAnne Geraghty Helms previous appearance on Litigation Radio, “The Need For Pro Bono”Children’s Law Center Of MassachusettsAmerican Bar Association Children’s Rights Litigation Committee

Guest Stephen Vladeck, a constitutional law expert, discusses the Supreme Court's lack of accountability and its use of the 'shadow docket.' The podcast also explores the complexities of execution procedures, the lack of explanation and accountability in rulings, and the power struggle between branches of government. Additionally, there are tips for navigating discovery challenges with third-party collaboration apps.

Richard Finkelman, expert in AI applications in the legal profession, discusses the impact of AI in the practice of law. AI is already widely used in e-discovery and document review, improving accuracy and workflow. Incorporate AI into your practice, provide disclosures, and avoid pre-trial agreements without knowing what's coming next in the field.

This is a tough episode because this could be any of us. Guest Jason Ward is a retired, highly successful lawyer. But behind his growing firm, substance abuse took hold even as Ward maintained the veneer of health and professionalism.Ward put constant stress on himself that morphed into mental wellbeing and substance abuse issues. He came to realize his drinking was taking over, not just on vacations, but also at home.At its peak, substance abuse damaged both Ward’s family and professional relationships. When he quit drinking, he found his behavior had altered and he moved on to THC to cope. Ultimately, he was forced to take full control of his own mental health, retire from the culture of legal litigation, and seek professional help. Today, Ward is sober. His is a success story. This is a brutally honest discussion, but it’s one we need to have. As you devote yourself to your clients and practice, are you paying attention to your own health and habits? It’s easy to lose sight when you are focusing on your practice. The business of law can deliver its own form of PTSD, post-traumatic stress disorder. Please be good to yourself. Help is available.Mentioned in this Episode:National Center on Substance Abuse and Child Welfare, U.S. Department of Health and Human ServicesSubstance Abuse Assistance, Government of Canada“Resolving Grave Disputes - The Law Of Dead Bodies In Ontario,” By Jason WardMental Health Awareness, American Bar AssociationWell-Being Programs, Canadian Bar AssociationAmerican Bar AssociationAmerican Bar Association Litigation Section

The ABA Litigation Section’s Women in Litigation Joint CLE Conference is coming to San Diego November 1-3. If you’ve never attended—you are missing out. The conference focuses on women litigators and judges and helps women develop relationships, find mentors, learn from others, and share experiences in a welcoming and insightful environment. You will find like-minded women and guidance, learn how to create valuable business relationships and friendships, hear how others have created their own brand, and learn to balance work and life.Guests Amy Stewart and Heather White are highly successful litigators who have made their own way as women and as attorneys. They’ve learned the value of authenticity, real friendships, asking for help when they need it, and offering a hand when it’s needed. Believe it or not, who you know is as important as what you know. Relationships and reputations are part of the practice of law—they drive your career forward.Also in this episode, guest M.C. Sungaila, one of the conference organizers, provides highlights from the conference and what you can look forward to!Mentioned in this Episode:ABA, Women In Litigation Joint CLE ConferenceABA Corporate CounselABA DEI: Diversity, Equity, and Inclusion American Bar AssociationAmerican Bar Association Litigation Section

Guest Melissa Felder Zappala is a litigator with the Washington, D.C., office of Paul, Weiss, Rifkind, Wharton & Garrison LLP. She has had tremendous success litigating high profile, tech-related, commercial cases and class action suits. She also has a profound hearing disability. In this episode, Melissa describes her experiences as a hearing-impaired law student and, later, as a litigator. Are you prepared as a litigator to work with counsel with unique needs? Being aware of our differences, along with disclosure and clear communication, are key when working with those with hearing loss. Being clear, concise, and direct can go a long way. Learn how technology, reasonable accommodation, understanding, and collaboration can ensure a level playing field for everyone.Mentioned in this Episode:“Melissa Felder Zappala Publishes Essay on Coming to Terms With Being Deaf in Big Law in ABA’s Litigation Journal,” by Melissa Felder ZappalaAmerican Bar AssociationAmerican Bar Association Litigation Section

Focus groups are common in marketing, but they also can help a lawyer learn what resonates with nonlawyers before presenting a client’s case before a jury. Focus groups, in their simplest form, offer a “test run” for issues and strategies you are considering using in pretrial and trial matters, and will let you know if you are building the best strategy and communicating your legal arguments in a way that is understood. You can even use them to evaluate whether your expert witness is likeable and communicates well. Don’t wait until your client’s fate is on the line! In this episode, guest Ken Levinson, a focus group expert and successful personal injury lawyer, gives advice on how attorneys can incorporate focus groups into their trial preparations.